New York Who liable to action for waste.

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    §  801.  Who  liable  to  action  for  waste. An action for waste lies
  against a tenant by the curtesy, in dower, for life, or  for  years,  or
  the  assignee  of such a tenant, who, during his estate or term, commits
  waste upon the real property held by him, without a special  and  lawful
  written  license  so  to do; or against such a tenant who lets or grants
  his estate and still retaining possession thereof commits waste  without
  a like license.